PEOPLE v. DUNCAN

Docket No. 112997.

610 N.W.2d 551 (2000)

462 Mich. 47

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Timothy Lee DUNCAN, Defendant-Appellant.

Supreme Court of Michigan.

May 23, 2000.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Tony Tague, Prosecuting Attorney, and Danielle DeJong, Assistant Prosecuting Attorney, Muskegon, MI, for the people.

State Appellate Defender (by Peter Jon Van Hoek), Detroit, MI, for the defendant-appellant.


Opinion

PER CURIAM.

A jury convicted the defendant of two counts of first-degree murder and two counts of felony-firearm. The Court of Appeals affirmed. We reverse the felony-firearm convictions because the jury was not instructed on any of the elements of that offense.

We issue this opinion to iterate a bright line rule: It is structural error requiring automatic reversal to allow a jury to deliberate a criminal charge where there is a complete...

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